Kerala High Court
Sreekumar.V vs District Collector on 5 August, 2021
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
WP(C) NO. 3601 OF 2021
PETITIONER:
SREEKUMAR.V.
AGED 56 YEARS
S/O. VELAYUDHAN PILLA,
PERMANENTLY RESIDING AT ANJANAM,
AMALAGIRI, MANNANAM, KOTTAYAM-686 561
BY ADV. S.K.ADHITHYAN
RESPONDENTS:
1 DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR,
KAKKANAD, ERNAKULAM-682 030
2 THE DISTRICT REGISTRAR,
2ND FLOOR, PERIMBILLY BUILDING,
M.G.ROAD, KOCHI-682 011
ADDL.R3 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
TAXES(J) DEPARTMENT, GOVERNMENT SECRETARIAT,
KERALA-695 001.
ADDITIONAL R3 IS IMPLEADED AS PER ORDER DATED 25-02-
2021 IN IA 1/2021 IN WP(C)3601/2021.
ADDL.R4 PRINCIPAL SECRETARY,
TAXES (J) DEPARTMENT, GOVERNMENT SECRETARIAT,
KERALA-695 001
ADDL R4 IS IMPLEADED AS PER ORDER DATED 25-02-2021 IN
IA 1/2021 IN WP(C)3601/2021.
BY ADV.
SMT.SHEEJA.C.S., SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 3601 OF 2021
2
P.V.KUNHIKRISHNAN, J.
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WP(C) NO. 3601 OF 2021
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Dated this the 5th day of August, 2021
JUDGMENT
The above writ petition is filed with the following prayers:
"i) To declare that "value" appearing in the S.45B Kerala Stamp Act is to be contemplated not as "market value" for attracting undervaluation.
ii) to issue a Writ of certiorari or order or direction quashing Ext.P6 dated 04/11/2020 issued by the 2 respondent nd as it is in excess of jurisdiction and violative of judgment of this Hon'ble Court in State of Kerala & Ors. V. Jino Joseph, 2012(2)KHC25.
iii) to issue such other appropriate Writ, Order or direction as is deemed just and necessary in the circumstances of the case."
2. Admittedly, Ext.P6 is an order passed under Section 45B(2) of the Kerala Stamp Act. Section 45B(4) says that any person aggrieved by the order of the Collector under Subsection 2 or Subsection 3 may appeal WP(C) NO. 3601 OF 2021 3 to District Court within whose jurisdiction property transferred is situated. When there is a statutory appeal available to the petitioner against Ext.P6 order under Section 45B(4), I think this Court need not entertain a writ petition under Article 226 of the Constitution of India.
Therefore, this writ petition is disposed of with liberty to the petitioner to challenge Ext.P6 before the jurisdictional District Court in accordance to Section 45B(4)of the Stamp Act. All the contentions of the petitioner raised in this writ petition are left open. The petitioner is free to raise all the contentions raised in this writ petition before the appellate court.
Sd/-
P.V.KUNHIKRISHNAN JUDGE scs WP(C) NO. 3601 OF 2021 4 APPENDIX OF WP(C) 3601/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED BETWEEN THE PETITIONER AND ANTHONY AS SALE DEED NO.470/1/2020 OF THRIPUNITHURA SUB- REGISTRAR OFFICE DATED 5.3.2020 EXHIBIT P2 TRUE COPY OF THE NOTICE ALONG WITH REPORT IN FILE NO.PUV/470/2020 DATED 02.07.2020 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 7.7.2020 EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN STATE OF KERALA & ORS.V.JINO JOSEPH,OPC NO.37/2010 DECIDED ON 24.02.2012 EXHIBIT P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC 17560/2020 DATED 25.8.20 EXHIBIT P6 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT TEMPORARY ORDER NO.PUV/470/2020/TPRA DATED 04.11.2020